Indiana 2024 Regular Session

Indiana House Bill HB1036 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2	Introduced Version
3	3	HOUSE BILL No. 1036
4	4	_____
5	5	DIGEST OF INTRODUCED BILL
6	6	Citations Affected: IC 24-4-23.
7	7	Synopsis: Age verification for material harmful to minors. Requires
8	8	an adult oriented website operator that displays material harmful to
9	9	minors to use a reasonable age verification method to prevent a minor
10	10	from accessing an adult oriented website. Creates a cause of action to
11	11	permit: (1) the parent or guardian of a child harmed by a violation of
12	12	the age verification requirement to obtain monetary damages,
13	13	injunctive relief, and reasonable attorney's fees; and (2) any other
14	14	person to bring an action to obtain injunctive relief and reasonable
15	15	attorney's fees. Prohibits a person that conducts age verification from
16	16	retaining the identifying information of an individual seeking to access
17	17	an adult oriented website that displays material harmful to minors, and
18	18	permits an individual whose identifying information is retained to bring
19	19	an action to obtain monetary damages, injunctive relief, and reasonable
20	20	attorney's fees.
21	21	Effective: July 1, 2024.
22	22	Davis
23	23	January 8, 2024, read first time and referred to Committee on Judiciary.
24	24	2024 IN 1036—LS 6282/DI 106 Introduced
25	25	Second Regular Session of the 123rd General Assembly (2024)
26	26	PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
27	27	Constitution) is being amended, the text of the existing provision will appear in this style type,
28	28	additions will appear in this style type, and deletions will appear in this style type.
29	29	Additions: Whenever a new statutory provision is being enacted (or a new constitutional
30	30	provision adopted), the text of the new provision will appear in this style type. Also, the
31	31	word NEW will appear in that style type in the introductory clause of each SECTION that adds
32	32	a new provision to the Indiana Code or the Indiana Constitution.
33	33	Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
34	34	between statutes enacted by the 2023 Regular Session of the General Assembly.
35	35	HOUSE BILL No. 1036
36	36	A BILL FOR AN ACT to amend the Indiana Code concerning trade
37	37	regulation.
38	38	Be it enacted by the General Assembly of the State of Indiana:
39	39	1 SECTION 1. IC 24-4-23 IS ADDED TO THE INDIANA CODE AS
40	40	2 A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY
41	41	3 1, 2024]:
42	42	4 Chapter 23. Age Verification for Adult Oriented Websites
43	43	5 Sec. 1. "Adult oriented website" means a publicly accessible
44	44	6 website that publishes material harmful to minors, if at least
45	45	7 one-third (1/3) of the images and videos published on the website
46	46	8 depict material harmful to minors.
47	47	9 Sec. 2. "Adult oriented website operator" means a person that
48	48	10 owns or operates an adult oriented website.
49	49	11 Sec. 3. "Material harmful to minors" means matter or a
50	50	12 performance described in IC 35-49-2-2.
51	51	13 Sec. 4. "Minor" means a person less than eighteen (18) years of
52	52	14 age.
53	53	15 Sec. 5. "Mobile credential" has the meaning set forth in
54	54	16 IC 9-13-2-103.4.
55	55	17 Sec. 6. "Reasonable age verification method" means a method
56	56	2024 IN 1036—LS 6282/DI 106 2
57	57	1 of determining that an individual seeking to access a website
58	58	2 containing material harmful to minors is not a minor by using one
59	59	3 (1) or more of the following methods:
60	60	4 (1) A mobile credential.
61	61	5 (2) An independent third party age verification service that
62	62	6 compares the identifying information entered by the
63	63	7 individual who is seeking access with material that is available
64	64	8 from a commercially available data base, or an aggregate of
65	65	9 data bases, that is regularly used by government agencies and
66	66	10 businesses for the purpose of age and identity verification.
67	67	11 (3) Any commercially reasonable method that relies on public
68	68	12 or private transactional data to verify the age of the
69	69	13 individual attempting to access the material.
70	70	14 Sec. 7. "Transactional data" means a sequence of information
71	71	15 that documents an exchange, agreement, or transfer between an
72	72	16 individual, commercial entity, or third party used for the purpose
73	73	17 of satisfying a request or event. The term includes records that
74	74	18 relate to a mortgage, education, or employment.
75	75	19 Sec. 8. An adult oriented website operator may not knowingly
76	76	20 or intentionally publish an adult oriented website unless the adult
77	77	21 oriented website operator uses a reasonable age verification
78	78	22 method to prevent a minor from accessing the adult oriented
79	79	23 website.
80	80	24 Sec. 9. (a) If:
81	81	25 (1) an adult oriented website operator knowingly or
82	82	26 intentionally publishes an adult oriented website in violation
83	83	27 of section 8 of this chapter; and
84	84	28 (2) a minor accesses the adult oriented website;
85	85	29 the parent or guardian of the minor who accessed the adult
86	86	30 oriented website may bring an action against the adult oriented
87	87	31 website operator.
88	88	32 (b) A parent or guardian who prevails in an action described in
89	89	33 this section is entitled to:
90	90	34 (1) either:
91	91	35 (A) actual damages; or
92	92	36 (B) liquidated damages of one thousand dollars ($1,000);
93	93	37 (2) injunctive relief; and
94	94	38 (3) court costs, reasonable attorney's fees, and other
95	95	39 reasonable expenses of litigation, including expert witness
96	96	40 fees.
97	97	41 Sec. 10. (a) If an adult oriented website operator publishes an
98	98	42 adult oriented website in violation of section 8 of this chapter, any
99	99	2024 IN 1036—LS 6282/DI 106 3
100	100	1 person may bring an action to seek injunctive relief.
101	101	2 (b) A person that brings an action for injunctive relief under
102	102	3 this section and prevails is entitled to:
103	103	4 (1) injunctive relief; and
104	104	5 (2) court costs, reasonable attorney's fees, and other
105	105	6 reasonable expenses of litigation, including expert witness
106	106	7 fees.
107	107	8 Sec. 11. (a) This section applies to a person that uses or purports
108	108	9 to use a reasonable age verification method to grant or deny access
109	109	10 to an adult oriented website.
110	110	11 (b) A person to which this section applies may not retain
111	111	12 identifying information of the person seeking access to an adult
112	112	13 oriented website, unless retention of the identifying information is
113	113	14 required by a court order.
114	114	15 (c) An individual whose identifying information is retained in
115	115	16 violation of this section may bring an action against the person that
116	116	17 unlawfully retained the individual's identifying information. An
117	117	18 individual who prevails in an action described in this section is
118	118	19 entitled to:
119	119	20 (1) either:
120	120	21 (A) actual damages; or
121	121	22 (B) liquidated damages of one thousand dollars ($1,000);
122	122	23 (2) injunctive relief; and
123	123	24 (3) court costs, reasonable attorney's fees, and other
124	124	25 reasonable expenses of litigation, including expert witness
125	125	26 fees.
126	126	2024 IN 1036—LS 6282/DI 106